District Court June 2

The Tenth Judicial District Court convened on Tuesday, June 2, with Judge Thomas Stockard presiding.

Charles Ray Bowie Jr. appeared for sentencing on two counts: Count I, Possession of a Controlled Substance, and Count II, Attempt to Possess a Controlled Substance, a wobbler that can be sentenced as a Category E Felony, punishable by 1-4 years in prison, or as a Gross Misdemeanor, punishable by up to 364 days in jail.

Under the terms of the plea agreement, Count II would be sentenced as a gross misdemeanor with the condition that Bowie participate in the Western Nevada Regional Drug Court program. Upon successful completion, the court will dismiss Count I. Should Bowie fail or quit Drug Court, Count II will be dismissed, and he will be sentenced on Count I.

Judge Stockard held Count I in abeyance, meaning the charge will be temporarily suspended pending the outcome of Drug Court. On Count II, he granted Bowie probation on a suspended term of 364 days in jail and ordered him to successfully complete Drug Court.

Thomas Roy Bonner pleaded not guilty to two charges: Category B Felony of Ex-felon Not to Possess a Firearm, punishable by 1-6 years in prison and a fine up to $5,000; and Gross Misdemeanor Discharging a Weapon Where a Person Might be Endangered, punishable by up to 364 days in jail and a fine up to $2,000.

Bonner waived his right to a speedy trial. At the request of the defense, a settlement conference will be set administratively. During the settlement conference, a senior district court judge will hear cases presented by both the state and the defense. If no resolution is reached, the matter will be heard by a jury on Dec. 2-4, with a trial date on Count II to be set following resolution of the felony charge.

Aaron Wendel Denshire, in custody, admitted to a non-technical sentencing violation for absconding from probation after being sentenced on a charge of Possession of a Controlled Substance.

The court noted Denshire had absconded for more than 1,000 days.

Chief Deputy District Attorney Lane Mills explained that the Division of Parole & Probation attempted to work with the defendant “every way they could,” but Denshire’s response was essentially “‘not going to work with you’ the entire time.” Mills stated, “If we want to have a civil society, rules need to be enforced.” He argued that Denshire was not amenable to probation and requested the imposition of the underlying sentence of 12-36 months in prison.

Churchill County Alternate Public Defender Wright Noel asked that Denshire’s mother be allowed to address the court.

Frances Denshire told the court that since her son stopped reporting to probation, he has stayed out of trouble. She said she has seen significant changes in him and no evidence of drug use. She said Aaron does have a problem with going by the rules. “I think this is a wake-up call.” She also told Judge Stockard that if she and the defendant’s girlfriend understood the terms of probation, they could help ensure compliance.

Denshire told the court, “I take full responsibility for my actions. I shouldn't have absconded.” He said he and his fiancée have started two businesses, he has stayed out of trouble for two years, and has become sober, adding, “I don't need drugs in my life anymore.”

Judge Stockard reinstated probation with the condition that Denshire enter and successfully complete the Drug Court program. He told Denshire, “It's not your mom's job to babysit you … It's time to start acting like you’re an adult.”

Angela Marie Westerlund, in custody, pleaded guilty to Attempt to Commit Home Invasion, a Category C Felony punishable by 1-5 years in prison and a fine up to $10,000. In a separate case, Westerlund also pleaded guilty to three additional counts: Category C Felony of Possession of a Stolen Motor Vehicle and Category C Felony of Buying, Possessing, Receiving, or Withholding Stolen Property, both punishable by 1-5 years in prison; and Unlawful Occupancy, a Gross Misdemeanor punishable by up to 364 days in jail.

The factual basis stated that the defendant forcibly entered a residence by breaking a window, was found in possession of a stolen vehicle and stolen property, and later returned to the same property.

Senior Deputy Public Defender Jeffrey Weed addressed his client’s custodial status. He requested that Westerlund be released on her own recognizance and provisionally placed into Specialty Court. Weed said she understands and accepts that her behavioral health concerns need to be addressed. He argued that while the charges are serious, they are property crimes and not crimes of violence.

Weed told the court Westerlund has a job opportunity doing payroll for $25 an hour and plans to live with her adult son in Sparks, who would transport her to Fallon each week for specialty court appearances.

Senior Deputy District Attorney Chelsea Sanford argued that just hours after being released on her own recognizance in Justice Court, Westerlund returned to the same property involved in the case. Sanford also expressed concern that relying on an 18 or 19-year-old son for transportation from Sparks to Fallon each week was not a realistic plan for success and opposed release on her own recognizance.

Judge Stockard, in response to details of Westerlund’s potential employment, said, “‘a man who is going to pay me $25 an hour to do payroll’ is a bit nebulous.” He added that while he believes she needs Specialty Court and a support system, weekly transportation from Sparks would place a significant burden on her son.

Westerlund was provisionally admitted to Specialty Court with the conditions of Court Services supervision, daily check-ins, random testing, and no contact with felons, nor may she return to the property where the offenses allegedly occurred. Judge Stockard ordered a Pre-Sentencing Investigation and set sentencing for Aug. 4.

Chad Austin Jenkins, in custody, appeared for arraignment. At the request of the defense, the case was continued to June 9.